Recent Cases (i.e., still in the official advance sheets): Researchers should consult the Cumulative Subsequent History Table in the back of the most recent advance sheets published.† The Cumulative Subsequent History Table is arranged alphabetically by the case name and tracks significant case history until that case is final and reported in bound volume form. If the opinion is not to be published in the bound volume, its history will likewise be removed from the table at the time of publication of its corresponding bound volume unless it remains under review. Remember that when a review or rehearing is granted, the superseding of the Court of Appeal decision is automatic and not specifically stated in the table. Unless the opinion is affirmatively ordered republished, in whole or in part, by the Supreme Court, it may not be cited as authority.
Cases in Bound Volumes of California Appellate Reports: Researchers can simply turn to the cited case to determine whether it has been depublished. If the notes indicate that pages have been “omitted,” it means that the opinion(s) that appeared on those pages were depublished at the time that volume was issued. This is so that cases published in the bound volumes retain the same pagination as in the advance sheets. Note that there is a substantial lag time between the publication of the advance sheets and the corresponding bound volumes. If a decision of a Court of Appeal is not final at the time the bound volume is published because it remains subject to Supreme Court review, the opinion is withdrawn from the bound volume. For tracking purposes, “review granted” opinions that were withdrawn from the bound volumes will remain available during the pendency of the Supreme Court review in the annual Review Granted Opinions Pamphlet and its midyear Cumulative Supplement. For the most current status of a “review granted” case, check the Cumulative Subsequent History Table in the back of the latest official advance sheets.
†Advance sheet pamphlets are published approximately every 10 days. The Reporter of Decisions indicates that about 20 - 25 days should be allowed to permit data posting. The information in the most recent advance sheet may be updated by consulting the case information feature of the California Courts Web site or calling the clerk’s office at (415) 865-7000.
The West Reporter system treats superseded and decertified opinions differently from the official reporters.‡ The text of superseded or decertified opinions is not deleted from the California Reporter (nor the Pacific Reporter). In addition, the notations used by West require that the user understand the Rules of Court and the effects of particular orders on one’s ability to cite to the case as precedent. Because of this, before citing to a California Court of Appeal case appearing in any West reporter, you must check to make sure that you understand its official status.
‡California Supreme Court opinions appear in both the California Reporter and the Pacific Reporter. Court of Appeal decisions were published in the Pacific Reporter from 1905 to 1959. When the California Reporter was introduced in 1959, Court of Appeal decisions were dropped from the Pacific Reporter and now appear only in the California Reporter.